[Code of Federal Regulations]
[Title 5, Volume 2]
[Revised as of January 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 5CFR843.311]

[Page 329-330]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
          CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT (CONTINUED)
 
PART 843_FEDERAL EMPLOYEES RETIREMENT SYSTEM_DEATH BENEFITS AND 
EMPLOYEE REFUNDS--Table of Contents
 
              Subpart C_Current and Former Spouse Benefits
 
Sec. 843.311  Annuity based on death of a separated employee.

    (a) Except as provided in Sec. 843.312, if a separated employee who 
has completed at least 10 years of service dies after having separated 
from the service with title to a deferred annuity under Sec. 842.212 of 
this chapter, but before having established a valid claim for an 
annuity, and is survived by a current spouse to whom he or she was 
married on the date of separation, the current spouse may elect to 
receive--
    (1) An annuity under paragraph (b) of this section; or
    (2) The unexpended balance, if the current spouse is the individual 
who would be entitled to the unexpended balance.
    (b) Except as provided in Sec. 843.312 and paragraph (c) of this 
section, the current spouse annuity under this section equals 50 percent 
of an annuity computed under subpart D of part 842 of this chapter, for 
the separated employee. If the separated employee died before having 
attained the minimum retirement age, the computation is made as if the 
separated employee had attained the minimum retirement age.

[[Page 330]]

    (c)(1) The current spouse annuity commences on the day after the 
separated employee would have attained--
    (i) Age 62 if the separated employee had less than 20 years of 
creditable service,
    (ii) Age 60 if the employee had at least 20 years of creditable 
service but less than 30 years of creditable service; or
    (iii) The minimum retirement age if the employee had at least 30 
years of creditable service.
    (2)(i) The current spouse may elect to receive an adjusted annuity 
beginning on the day after the death of the separated employee.
    (ii) The rate of the adjusted annuity equals the annuity computed 
under paragraph (b) of this section multiplied by the factor in appendix 
A of this subpart for the age of the retiree as of the birthday before 
the retiree's death.

[52 FR 2074, Jan. 16, 1987, as amended at 52 FR 23014, June 17, 1987; 57 
FR 54681, Nov. 20, 1992]